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22:10, 20 September 2011

In Dagestan, court, which considers beating of Sapiyat Magomedova by power agents, studies petition on returning case to prosecutor

 

On September 19, the Khasavyurt City Court of the Republic of Dagestan held its first hearing on the criminal case against the employees of the Khasavyurt OVD (Interior Division), accused of beating the lawyer Sapiyat Magomedova. The judge forbade reporters to video, photo the events in the courtroom, and adjourned until September 21, when he will announce his decision on the defence's petition to return the case to the prosecutor.

On September 19, a couple of hours before the session, Magomedova's advocate Salimat Kadyrova got in her hands the indictment against the fighters of the special combat group (SCG), which stated that out of the four defendants only two will appear before the court - Nariman Mollaev and Batirbi Magdiev; while the criminal case against Sabir Magomedov and Ali Yusupov had been stopped more than two months ago, on July 14.

After the start of the session and conduct of formal procedures, Salimat Kadyrova stood up and challenged the judge. In her petition, she referred to a number of circumstances, which made, in her opinion, a fair hearing of the case impossible.

Thus, in 2008 Judge Tashanov considered a petition of bodies of preliminary investigation and ruled that Sapiyat Magomedova actions had attributes of a crime under Article 30, Part 3, of the Russian Criminal Code (preparation of a crime and attempted crime). This ruling was later recognized by the Supreme Court of Dagestan as unlawful.

Also, as the lawyer Kadyrova has pointed out, the above judge has friendly relations with local policemen. As a proof, she referred to the judge's common national identity with the defendants, as well as to the presence of influential patrons with the latter, who could influence the judge.

Judge Tashanov took a one-hour-long break for consideration of the petition and preparing an answer on the merits, referenced to the absence in the petition of evidences and circumstances for the challenge, and announced his decision - to reject the petition.

 

Author: Nadira Isayeva

Source: CK correspondent

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